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(영문) 서울남부지방법원 2016.08.12 2016고단156

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 200, the Defendant purchased 52,120 monthly insurance premium for the victim life insurance (the State), and subsequently purchased a total of 9 guarantee insurance, and received the insurance money by submitting documents necessary for the receipt of insurance money, such as a written confirmation of hospitalization and a medical certificate, to the insurance company with a view to receiving the insurance money, and without having to undergo continuous management and observation by the medical personnel for the purpose of receiving the insurance money such as daily allowances for hospitalization, the Defendant was hospitalized only for a hospital with which it is easy to be sufficiently treated by the patient. Although it is necessary for a disease requiring hospitalization, the Defendant received the long-term hospitalized treatment, as long as it was necessary, and then received the hospitalization for a long time, and received the insurance money by submitting it to the insurance company for receiving the insurance money.

On January 21, 2008, the Defendant claimed insurance money as if he was normally hospitalized at the D Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government for the total 13 days from January 7, 2008 to January 19, 2008 on the ground of the salt and tension of fingers, the main blood pressure, etc. at the LIG Non-Life Insurance Office.

However, the symptoms of the defendant were not hospital treatment, but only hospital treatment can achieve the purpose of sufficient treatment, and the defendant was actually receiving hospital treatment.

As above, the Defendant: (a) by deceiving the victim LIG non-life insurance (ju), received KRW 650,000 as insurance proceeds from the damaged insurance company on January 22, 2008; and (b) from that time to October 24, 2014, the Defendant received KRW 200,422,839 in total as insurance proceeds for 42 times in total in the same manner as in attached Table 1 through 22, 24 through 27, 29 through 40, 42 through 45. < Amended by Presidential Decree No. 25789, Oct. 24, 2014>

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Appropriateness of analysis data, such as medical records, and of hospitalization and treatment;